Professor Brake coauthored a column analyzing and critiquing one of the Supreme Court's recent employment discrimination cases, Univ. of Texas SW Med. Ctr. v. Nassar, which was posted on Justia's Verdict on July 9, 2013. The case sets a higher burden on employees to prove causation in retaliation cases than they face in discrimination cases under Title VII. Prof. Brake (with coauthor, Prof. Joanna Grossman, Hofstra) criticizes the decision for its approach to statutory interpretation and its practical effect on employees.